Federal Court: Industrial court proper forum to decide unlawful dismissal case

The Industrial Court is the proper forum to decide whether the government of the United States of America (US) is protected by sovereign immunity from an unlawful dismissal claim brought against it by a security guard who worked at the US Embassy in Kuala Lumpur, the Federal Court has ruled.

Chief Judge of Malaya Azahar Mohamed, who delivered the decision of the three-member Federal Court panel yesterday, held that the High Court is not a proper forum to decide on the restrictive sovereign immunity issue.

He said L Subramaniam’s unlawful dismissal case against the US government should be adjudicated in the Industrial Court...